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In any marriage, private information is often exchanged between spouses. If a spouse is a defendant in a court trial, the husband-wife privilege prevents the

In any marriage, private information is often exchanged between spouses. If a spouse is a defendant in a court trial, the husband-wife privilege prevents the confidential communications from being used as evidence against you or your spouse. For example, the privilege may prevent a wife from testifying against the husband if the husband is accused of dealing drugs. However, this privilege does not apply to bar evidence from all court proceedings. Common situations where the privilege does not apply include:

  • When charged for a crime against one's spouse or spouse's property. e.g., domestic evidence
  • When charged for a crime against the child of either spouse. e.g.,child abuse or neglect
  • When charged for a crime against anyone living with either spouse. e.g., abuse of spouse's parents
  • If you are not legally married there is no privilege, regardless of how long you've been a couple
  • If either spouse discloses confidential information to a third party, the privilege will not bar the third person from testifying

Should these exceptions exist?

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